The bill amends South Dakota law regarding the eligibility for a suspended imposition of sentence, specifically targeting certain rape offenses. It modifies Section 23A-27-13 to clarify that, except as provided in the new section, individuals convicted of a felony not punishable by death or life imprisonment may have their sentence suspended under specific conditions. However, it establishes that no person who has previously received a suspended imposition of sentence for a felony is eligible for a second such suspension. Additionally, the court retains the authority to revoke the suspension at any time during the probationary period.

A new section is added to explicitly prohibit individuals convicted of, or who plead guilty or nolo contendere to, rape under specific subdivisions (22-22-1(2) or (3)) from being granted a suspended imposition of sentence. This prohibition does not apply to juveniles adjudicated or tried as adults for these offenses. The bill aims to ensure that those convicted of serious sexual offenses do not benefit from the leniency of a suspended sentence, thereby reinforcing the seriousness of such crimes.

Statutes affected:
Introduced, 01/24/2025: 23A-27-13
House Judiciary Engrossed, 02/07/2025: 23A-27-13